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    Offences Against State

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    MD MURSHID ALAM
    This document summarizes 4 key offences against the state under the Indian Penal Code: 1) Waging war, 2) Assaulting the President/Governor, 3) Sedition, and 4) Escape of prisoners. It outlines the sections covering each offense and punishments. For sedition (Section 124A), it discusses relevant court cases that have interpreted and limited the scope of this law over time, including requiring violent means and disallowing mere disapproval of government actions. The document concludes by noting the Supreme Court has kept pending sedition cases in abeyance until further examination of the law.

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    Offences Against State

    Uploaded by

    MD MURSHID ALAM
    30 views3 pages
    This document summarizes 4 key offences against the state under the Indian Penal Code: 1) Waging war, 2) Assaulting the President/Governor, 3) Sedition, and 4) Escape of prisoners. It outlines the sections covering each offense and punishments. For sedition (Section 124A), it discusses relevant court cases that have interpreted and limited the scope of this law over time, including requiring violent means and disallowing mere disapproval of government actions. The document concludes by noting the Supreme Court has kept pending sedition cases in abeyance until further examination of the law.

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    This document summarizes 4 key offences against the state under the Indian Penal Code: 1) Waging war, 2) Assaulting the President/Governor, 3) Sedition, and 4) Escape of prisoners. It outlines the sections covering each offense and punishments. For sedition (Section 124A), it discusses relevant court cases that have interpreted and limited the scope of this law over time, including requiring violent means and disallowing mere disapproval of government actions. The document concludes by noting the Supreme Court has kept pending sedition cases in abeyance until further examination of the law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    30 views3 pages

    Offences Against State

    Uploaded by

    MD MURSHID ALAM
    This document summarizes 4 key offences against the state under the Indian Penal Code: 1) Waging war, 2) Assaulting the President/Governor, 3) Sedition, and 4) Escape of prisoners. It outlines the sections covering each offense and punishments. For sedition (Section 124A), it discusses relevant court cases that have interpreted and limited the scope of this law over time, including requiring violent means and disallowing mere disapproval of government actions. The document concludes by noting the Supreme Court has kept pending sedition cases in abeyance until further examination of the law.

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    IPC 2022 Offences against State

    OFFENCES AGAINST STATE


    Chapter 6: Section 121 to 130
    4 offences covered in this part.
    1. Waging War
    2. Assault (President, Governor etc)
    3. Sedition
    4. Escape of state prisoner and prisoners of war (not important at all)

    WAGING WAR (Section 121)


    Waging a war against the Government of India, or attempt/abetment to the
    waging of such war is both covered in this section
    Punishment - death, or imprisonment for life, and fine.
     Same Punishment for committing the offence yourself and also for
    attempt and even abetting someone else for this offence.
    Section 121A - Conspiracy of this offence is punishable with punishment of 10
    years, up to life imprisonment. (No act/omission required for committing offence
    under 121A)

    ASSAULT (PRESIDENT, GOVERNOR ETC) (Section 124)


    Whoever, with the intention of inducing or compelling the President of India,
    or the Governor or any State, to exercise or refrain from exercising in any
    manner any of their lawful powers, Assaults or wrongfully restrains, or
    attempts wrongfully to restrain, or overawes, By means of criminal force or the
    show of criminal force, or attempts so to overawe (To restrain or subdue by
    fear) such President or Governor;
    Punishment: term up to 7 years, and shall also be liable to fine.
    Why It is not covered in assault (S.351) under ‘offences against body’?
    Because when you assault such a person like president of India, that is
    equivalent to offence against not just that person but that person in
    ‘official capacity’ and the president, governor etc represent India. So, it
    is in this category i.e. ‘offences against state’

    YG LAW 1
    IPC 2022 Offences against State

    SEDITION (Section 124A)


    - Whoever by words, either spoken or written, or by signs, visible
    representation, or otherwise,
    - Brings or attempts to bring into hatred or contempt, or excites or attempts to
    excite disaffection towards, the Government established by law in India,
    Punishment: From just fine upto life imprisonment + fine

    Explanation 1 - The expression “disaffection” includes disloyalty and all feelings of enmity.
    Explanation 2 - Comments expressing disapprobation (strong disapproval) of the measures
    of the Government with a view to obtain their alteration by lawful means, without exciting
    or attempting to excite hatred, contempt or disaffection, do not constitute an offence under
    this section.
    Explanation 3 - Comments expressing disapprobation of the administrative or other action
    of the Government without exciting or attempting to excite hatred, contempt or
    disaffection, do not constitute an offence under this section

    Romesh Thapar v. State of Madras (1950)

    The petitioner contended before the Supreme Court that his


    Fundamental Right of freedom of speech and expression conferred on
    him by Article 19(1) of the Constitution has been violated by an order of
    State of Madras by banning his paper ‘Cross Roads’.

    The Supreme Court held that the Article 19(2) where the restriction has
    been imposed can only be used in the cases where problem of public
    security is involved. Supreme Court quashed the order of Madras State
    and allowed the application of the petitioner under Article 32 of the
    Constitution.

    Kedarnath Singh v. State of Bihar (1962)

    It was held that the Sedition law is constitutional and covered written or
    spoken words that had the implicit idea of subverting the Government
    by violent means, violent means is key here, the court limited
    application of Sedition to acts involving intention or tendency to create
    disorder, or a disturbance of law and order, or incitement to violence.

    YG LAW 2
    IPC 2022 Offences against State

    Balwant Singh v. State of Punjab (1995)

    After the assassination of Prime Minister Indira Gandhi, the accused had
    raised the slogan “Khalistan Zindabad” outside a cinema hall. It was held
    that two individuals casually raising slogans could not be said to be
    exciting disaffection towards the Government. Section 124A was not
    applied to the circumstances of this case.

    S.G. Vombatkere v. Union of India (Judgement Peding)

    In an Interim order, a bench comprising the Chief Justice of India NV


    Ramana, Justice Surya Kant and Justice Hima Kohli held that all pending
    trials, appeals and proceeding with respect to charges framed under
    Section124 A be kept in abeyance.

    The bench said in its order: "We hope and expect Centre and State
    Governments will refrain from registering any FIR, continuing
    investigation, or taking coercive steps under Section 124A IPC when it is
    under reconsideration. It will be appropriate not to use this provision of
    law till further re-examination is over"

    The Court also held that those already booked under Section 124A IPC
    and are in jail can approach the concerned courts for bail.

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    YG LAW 3
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